# Brown v. State

> District Court of Appeal of Florida · January 21, 1998 · 704 So. 2d 218

URL: https://www.frixlaw.com/law-library/cases/7711488

## Case

- **Full name:** David Lee BROWN v. The STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** January 21, 1998
- **Citations:** 704 So. 2d 218; 1998 Fla. App. LEXIS 412; 1998 WL 17247
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Fletcher, Gersten, Nesbitt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7711488

## Opinion text

PER CURIAM.
We affirm the appellant’s judgment and sentence for burglary with assault, aggravated battery on an elderly person and robbery. However, as the State correctly concedes error, we reverse the $2 discretionary cost imposed under Section 943.25(13), Florida Statutes (1995), because it was not orally imposed at the sentencing hearing. See Basden v. State, 686 So.2d 788 (Fla. 3d DCA 1997); Reyes v. State, 655 So.2d 111, 117 (Fla. 2d DCA 1995).
Affirmed in part; reversed in part.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7711488. Public record. Not legal advice.